Research On Prosecutorial Supervision In Community Correction

Community correction is a way of the socialization of execution.It contains the dual values of legal punitive and social recovery.On the one hand,the offender is punished by the law,and the sentence is supervised and corrected in the community.On the other hand,through the openness and freedom of the community,Promote the offender to reform,master the life skills that develops simultaneously with the society,promote the offender to return to the society normally again.In recent years,China's social management has been constantly innovating and developing,and the development of the community correction system is currently at a stage of development.Only the guiding documents are unified guidance,the supporting mechanisms are not perfect,the departments are fighting each other,and there is a lack of linkage mechanisms.There are many cases of desertion and leakage in community correction.In order to better bring into play the values of community correction and punishment of crimes,and safeguard fairness and justice.Further unblock the way of legal supervision of community correction by procuratorial organs.Based on the basic theory of community correction,this paper summarizes the problem of community correction supervision by studying the present situation of community correction supervision in China and combining with the experience of foreign community correction supervision mechanisms.Finally,the author puts forward some suggestions to perfect the supervision system of community correction.In addition to the preface and conclusion,the article is divided into four parts.Part one:The basic theory of the supervision of community correction,Procuratorial organs perform their duties of legal supervision over community corrections,and their supervision has the characteristics of legitimacy,uniqueness,security and limitation.In the process of supervision of specific activities,the entities and procedures that ensure the execution of penalties are double fair and just.At the same time,it also protects the legitimate rights and interests of offenders in community correction,prevents the occurrence of further crimes,and guarantees their normal return to society after serving their sentences.The second part:The present situation and experience of the supervision mechanism of community correction abroad.The system of community correction in the United States,Japan and Germany started earlier,and has been continuously evolved and improved on the basis of the actual situation in the country,thus forming today's unique community correction system.It also reflects the differences between the civil law system and the common law system in terms of the penalty enforcement system.Although the community correction systems in various countries are different,they all reflect the characteristics of penalty socialization and humanitarianism from the value level.This is a great progress in the world penal system.Through analyzing and drawing on the experience and practice of the community correction supervision mechanism in foreign countries,we think about further improving the measures of community correction supervision in our country.The third part:The present situation and problems of the supervision of community correction.The work of community correction in our country started late,more than the lack of written law abroad,the four central government jointly issued on the implementation of community correction opinions and other related documents is the only program to guide the work,in particular,the procuratorial organs in the supervision of several levels.This article takes the typical practice of the community correction procuratorial supervision of the procuratorial organs in Henan Province as an example,and looks at the essence through the phenomenon.To sum up the problems existing in the area of legislation,means of supervision,establishment of institutions and staffing,coordination and cooperation of various departments and subjective understanding in the supervision of community correction in China.The fourth part:the suggestion of perfecting the supervision system of community correction.In the context of the reform of the judicial system,it is necessary to strengthen the legal supervision of community corrections by procuratorial organs,constantly expand their working ideas,innovate their working methods,and gradually explore the system of socialist community corrections with Chinese characteristics.The focus of supervision should be shifted from regular special procuratorial supervision to regular procuratorial supervision,and it is suggested that the system of community corrective supervision should be improved from four aspects:legislation improvement,establishment of regulations,coordination,and use of large data platforms,and simultaneous supervision and dynamic supervision should be implemented.